Karnataka High Court
Sharanappa S/O Shivajogeppa ... vs The State Of Karnataka on 30 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102658 OF 2022
BETWEEN:
SHARANAPPA
S/O. SHIVAJOGEPPA HUMANABADI
AGE. 38 YEARS, OCC. COOLIE,
R/O. KADAKOL - 581148,
TQ. SHIRAHATTI,
DIST. GADAG.
...PETITIONER
(BY SRI. CHETAN MUNNOLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT DHARWAD,
THROUGH KUNDAGOL POLICE STATION.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON
BAIL IN KUNDAGOL P.S. CRIME NO.80/2022 FOR THE ALLEGED
OFFENCES PUNISHABLE U/S 489A AND 489C OF IPC.
-2-
CRL.P No. 102658 of 2022
THIS CRIMINAL PETITION COMING ON FOR
ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the accused No.4 under section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.80/2022 of Kundagol Police Station registered for the offences punishable under Sections 489A and 489C of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, on 06.08.2022 at about 4.00 p.m., when the complainant was on patrolling duty he received a credible information that accused No.1 in his milk shop under the name and style 'Aditya Milk' near Navaratna Hotel, Market Road, Kundagol Town has stored the counterfeit notes. The complainant -3- CRL.P No. 102658 of 2022 filed the complaint to that effect, which came to be registered in Crime No.80/2022 of Kundagol Police Station against accused No.1 for the offences punishable under Sections 489A and 489C of IPC. During the enquiry and on the basis of voluntary statement of accused No.1, accused Nos.2 to 4 have been implicated in the case. The petitioner/accused No.4 came to be arrested on 08.08.2022 and he is in judicial custody. The petitioner has filed Criminal Miscellaneous No.5418/2022 seeking bail and the same came to be rejected by the I Additional District and Sessions Judge, Dharwad sitting at Hubballi by order dated 02.09.2022. Therefore, petitioner/accused No.4 is before this Court seeking bail.
-4-CRL.P No. 102658 of 2022
3. Heard the arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.
4. It would be the contention of learned counsel for the petitioner that the name of this petitioner is not mentioned in the complaint and FIR. The petitioner came to be implicated only on the basis of voluntary statement of accused No.1. The colour printer and other articles were seized at the instance of this petitioner from his house. Only with the help of colour printer it is not possible to print fake currency notes. The petitioner is in judicial custody since 08.08.2022 and therefore he is not required for custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the -5- CRL.P No. 102658 of 2022 investigation is still in progress. The colour printer and other articles have been seized at the instance of the petitioner/accused No.4 from his house. The offences alleged against this petitioner are punishable with imprisonment for life or imprisonment which may extend to ten years and fine. If the petitioner/accused No.4 is granted bail, there are chances of hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through FIR, complaint, remand application and the order passed by the Sessions Court. -6- CRL.P No. 102658 of 2022
7. The colour printer and other articles have been seized at the instance of this petitioner from his house and they were seized under Mahazar. The said printer and other articles are stated to have been used by this petitioner in printing the fake currency notes. It is accusation that this petitioner printed the fake currency notes of the denomination of Rs.500 by using Epson colour printer seized from his house. Apart from that, the colour printer and other articles have been also seized at the instance of this petitioner from his house. The offences alleged against this petitioner under Section 489A and 489C of IPC are punishable with imprisonment for life or imprisonment which may extend ten years and fine. The offences alleged against this petitioner are heinous offences. The investigation is still in progress. The Investigating Officer has to ascertain whether there is an involvement of any -7- CRL.P No. 102658 of 2022 other person in the alleged offences. Therefore, at this stage, when the investigation is in progress, the petitioner is not entitle for grant of bail. If the petitioner/accused No.4 is granted bail, there are chances of hampering the investigation and tampering the prosecution witnesses. The petitioner/accused No.4 has not made out any ground for grant of bail at this stage. Hence, the petition is dismissed.
Sd/-
JUDGE SMM